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(영문) 대구지방법원경주지원 2016.04.22 2015가단2242
소유권이전등기
Text

1. Defendants B, C, D, F, G, J, K, and L are attached to the Plaintiff’s inheritance shares among the respective real estate listed in the attached real estate list.

Reasons

1. Basic facts

A. The Plaintiff, Defendant J, K, and L are children of M and N, the first deniedr, and the children of P, Defendant E, P, Defendant G, H, and I are children of Q, the second deniedr.

B. Q completed the registration of ownership transfer on the ground of sale on July 10, 1972, with respect to each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) in the Plaintiff’s name as a father-in-child on March 8, 1973, as to each real estate indicated in the separate sheet of real estate (hereinafter “instant real estate”).

C. On March 11, 1994, Q drafted a letter stating the following contents to the Plaintiff (hereinafter “instant letter”).

The fourth parcel of the instant real estate in fact is owned by A (Plaintiff) by sole management, or the registration of ownership transfer was made under the name of Qu for the convenience of cutting off Soraf Black Y Paris diving-prevention felling as of July 10, 1942. As such, A does not have to do any juristic act without A’s consent, such as the transfer and the lease of security for transfer, and at any disadvantage in the event of a breach of contract, I would like to accept.

On the other hand, inheritance relations concerning the real estate of this case are as follows.

(Attachment 1) As Q dies on April 1, 200, Q’s rights and obligations with respect to the instant real estate shall have 3/15 shares to Q, its husband M, and the heir of P, who died on April 12, 1989, shall be the husband M, and the heir of P, who died on April 12, 1989.

(2) As the M dies on December 10, 2007, the share of the M in respect of the instant real estate (3/15) was succeeded by the respective 2/15 shares of G, H, and I, G, H, and I respectively. (2) After M succeeded to the share of the Plaintiff,O, Defendant E, F (P’s substitute heir), G, H, I, J, J, K, and L, each of which is their children, 3/150 shares (3/15 x 1/10).

3) Meanwhile, as a result of theO’s death on July 22, 2008, the portion of inheritance (23/150 = 20/150 = 20/150 / 3/150) on the instant real estate of theO was succeeded to the shares of the Defendant B, the wife of theO (23/150 = 23/150 x 3/7), and the shares of the Defendant C and D, each of whom is the children (23/100 x 23/150 x 2/7) were succeeded to each of the shares of the Defendant C and D. The grounds for recognition were 【Defendant B, C, D, F, G, J, K, and L: Confession (Article 150(3) and (1) of the Civil Procedure Act).

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